- 10 - Petitioner argues, however, that we should apply the rule in Cohan v. Commissioner, 39 F.2d 540 (2d Cir. 1930), to allow the deduction. The Cohan rule is invoked in situations where “Absolute certainty * * * is usually impossible and is not necessary” and where a close approximation can be made “bearing heavily * * * upon the taxpayer whose inexactitude is of his own making.” Id. at 543-544. We find the application of the Cohan rule to be inappropriate in this case. Section 170(f) was added by the Omnibus Budget Reconciliation Act of 1993, Pub. L. 103-66, sec. 13172, 107 Stat. 312. The House of Representatives proposed to enact section 170(f) due to Difficult problems of tax administration [that] arise with respect to fundraising techniques in which an organization that is eligible to receive tax deductible contributions provides goods or services in consideration for payments from donors. * * * the committee believes that there will be increased compliance with present-law rules governing charitable contribution deductions if a taxpayer who claims a separate charitable contribution of $750[2] or more is required to obtain substantiation from the donee indicating the amount of the contribution and whether any goods, service, or privilege was received by the donor in exchange for making the contribution. * * * [H. Rept. 103- 111, 1993-3 C.B. 167, 361.] To allow petitioner the charitable contribution deduction in the circumstances here would contravene the specific statutory 2 The Senate amendment proposed to change the threshold amount to $250. H. Conf. Rept. 103-213 (1993), 1993-3 C.B. 393, 443. The Senate version was later adopted in conference. H. Conf. Rept. 103-213, at 445, supra, 1993-3 C.B. at 361.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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